The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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For many couples who are contemplating a split, the divorce process may seem overwhelming and rather complicated. While it is true that the divorce process can be a difficult one, it is not impossible. Getting help from a knowledgeable Illinois divorce lawyer is the easiest way to ensure you receive a fair settlement in your divorce. There are various stages of an Illinois divorce, many of which are multi-faceted and can become lengthy in certain situations. Even though the divorce process can seem daunting at first, a positive outcome is achievable, and divorce can ultimately benefit everyone in your family in the long run.

Filing a Petition for Divorce

The first step in getting a divorce is to file a petition for divorce at the courthouse in the county in which you reside. Filing a petition is simply a way of saying you are asking the court to allow you to dissolve your marriage. To file this type of legal document, you must have lived in Illinois for at least 90 days, and you must pay a filing fee. The state of Illinois only recognizes one “grounds” for divorce now -- irreconcilable differences. This means your marriage has broken down to the point of no return, and attempting to reconcile would not be in the best interests of the family. You can prove this by living apart from your spouse for at least six months prior to filing the petition for divorce.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,There is no way around it - getting a divorce will be difficult at times, stressful during the divorce proceedings and emotionally demanding during most of the process. A divorce is the legal separation of you and your spouse, but it goes much deeper than that - divorce is also the emotional separation of you and your spouse and the end of your relationship. It is only normal for you to go through a mourning period, but there are things that you can do to make your divorce go as smoothly as possible, ultimately saving you a lot of pain and distress.

  1. Think of Your Divorce as a Business Transaction

Though it will be difficult, emotionally distancing yourself from your relationship will help you immensely. Marriage is just a legal contract that you entered into with your spouse - now you are getting out of that contract, which is the divorce. Try to treat the process like you would treat a severing of a business relationship - your heart will thank you.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,There are a million and one things that you need to cover in a divorce settlement. There is the house, child support, allocation of parenting responsibilities, splitting bank accounts, and determining spousal support. With so many things already on your mind, it is easy to forget about things that are smaller - but still just as important. These things may not be significant now, but they can affect you in the future. Debts or Other Financial Obligations Usually divorcing couples argue about who gets the money in the savings account and who gets to keep the house - nobody is arguing about who gets to repay debt. When you get divorced, you are not forgiven of your debt and you still have the responsibility to pay it back. Whether it be personal debt, credit cards, or a mortgage, you should outline who pays what so there is no confusion. Car Insurance If you have children, car insurance is something you will have to consider when they come of age to drive. Many insurance companies will increase your premiums automatically when your children reach the driving age, even if they are not actually driving your car. The sooner you can negotiate how those extra costs are divided, the better. College Costs for Your Children In Illinois, parents have the responsibility to help their children attend post-secondary education if they choose to. This means that the courts will require one or both parents to contribute to the child’s education if it is necessary. Portions of the parents' income or property could be used to cover costs such as college application fees, college entrance exams, books and supplies, living expenses and tuition. You can choose to outline your own college payment plans in a divorce settlement if you do not want the courts to decide for you. Collections and Memorabilia Things such as books, art, antiques, and coins can be just a hobby to you, but they can be worth a lot of money. Not only are they intrinsically valuable to you, they are also financially valuable, so it is important for you to decide what happens to them when you divorce. Get Help from a Kendall County Divorce Lawyer

There are many things that should be covered in a divorce settlement--too many things for you to remember on your own. If you are getting a divorce, you should contact a Naperville divorce attorney to help you keep everything straight. Rely on the Law Office of Matthew M. Williams, P.C. to help you come to a comprehensive and agreeable divorce settlement. Call the office at 630-409-8184 to set up a consultation.

 

Source:

https://www.forbes.com/sites/jefflanders/2013/10/16/divorcing-women-dont-forget-these-marital-assets/

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Nobody prepares for divorce when they are engaged, but according to a survey from the American Academy of Matrimonial Lawyers, that is exactly what people are doing. Of the members surveyed, 62 percent saw an increase in the number of couples seeking prenuptial agreements over the past three years. Increasing Popularity, Losing Stigma One reason why prenuptial agreements are becoming more common is due to the trend in marriage - more people are waiting until they are older to get married. According to a U.S. Census report, about 8 in 10 people had married by age 30 in the 1970s, but in 2016, the same percentage was not reached until age 45. Because people are waiting longer to get married, they are more likely to have accumulated assets, such as a business or property. A prenuptial agreement is a way for couples to protect these assets in the event of a divorce. Prenuptial Agreements May Be for You

While prenuptial agreements still might ring unromantic for some, they can be right for others. Here are seven situations in which a prenuptial agreement might be right for you.

  1. When important assets are involved - When you have assets such as a house, stocks or retirement funds, a prenuptial agreement can protect your personal assets.
  2. When children from previous marriages are involved - Many times people have obligations to their previous spouses or children from a previous relationship. Prenuptial agreements can protect certain assets and allocate them to the children.
  3. When one partner owns a business - If you own a business and you end up getting a divorce, part of your business may be allocated to your spouse, meaning you may end up with an unwanted partner in your business.
  4. When one partner is much wealthier than the other - When there is a major income difference in partners, things can often turn out not in the favor of the wealthier partner.
  5. When one partner is much older than the other - If one partner is much older than the other, the older partner may not be able to recover their assets in time for retirement.
  6. When debts are involved - When one or both partners have debt going into a marriage, having a prenuptial agreement can ensure that each partner pays for his or her own debt when the marriage is dissolved.
  7. When inheritance is expected - If one or both partners expect to gain an inheritance during their marriage, a prenuptial agreement can prevent it from being divided in the case of a separation. A prenuptial agreement can also specify that family heirlooms stay with a specific partner.
Contact an Illinois Prenuptial Attorney If you think that a prenuptial agreement is right for you, you need the help of an experienced Illinois prenuptial attorney to take care of the details. The Law Office of Matthew M. Williams can provide you with guidance and nearly 10 years of expertise. Call 630-409-8184 to schedule a consultation.

Sources:

https://www.washingtonpost.com/business/economy/why-youre-more-likely-to-have-a-prenup-than-your-parents-were/2017/08/04/51361598-77d8-11e7-9eac-d56bd5568db8_story.html?utm_term=.4744c5cea865

http://aaml.org/sites/default/files/New%20vow%20%E2%80%99Til%20prenup%20do%20us%20part.pdf

Posted on in Debt
Illinois divorce attorney, Illinois family law attorney, Illinois divorce laws,Even if a person has spent hours considering their various options and weighing its impact on their future, the decision to divorce can still elicit heightened emotions of fear. Unfortunately, it happens that some spouses may attempt to influence how the other proceeds with the divorce by issuing threats that play upon those fears.

Responding to Threats

It is not unusual to want your divorce to end in a way that is mutually agreeable. It is even acceptable to think the final settlement should favor you if the marriage included some egregious acts by your spouse. However, when threats are issued it is important to respond in an appropriate and legally measured manner. Doing otherwise can result in negative repercussion and even severe sanctions. However, in most cases, the threats can be best categorized as empty bluster.
  • “You’ll never get a dime unless you do this my way.” This just is not true. Community property states lay out exactly how marital assets are divided. In other states, a judge has the final say.
  • “I’d rather go to jail than pay you a single dime.” If a spouse fails to live up to court-ordered support payments, you can take steps to garnish their wages. In most cases, when faced with going to jail for defying a court order, the offending party usually opts to pay voluntarily.
  • “I’d rather quit my job than make any payments to you.” This one can be a little more difficult to fight. Try to record this threat or get a witness. A judge can order them to continue making payments.
  • “I will reconcile with you if we put everything in my name.” This is less a threat and more an attempt to dupe you into signing away future claims to marital property. Never let anyone have full financial control over your life.

Rely on the Knowledge of an Experienced Aurora Divorce Attorney

The divorce process can be a very emotional experience, leaving some people feeling vulnerable and even frightened. Matters do not improve if one spouse attempts to take advantage of the situation by issuing threats. Working with an experienced Kendall County divorce lawyer can offer one great relief and support.

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Illinois divorce attorney, Illinois family law attorney, Illinois divorce laws,The division of marital property can be a long and contentious process, as both parties attempt to secure the value of joint assets and obtain full or majority ownership of the property. This can be particularly when a married couple owns a business together, and that business becomes part of the divorce negotiations.

Keeping the Doors Open

It is not uncommon for a small, family business to close its doors forever as a result of a divorce. In addition to the stress and resentment this causes, a business closing also negatively impacts the employees who lose their jobs and even the community that relies on its services. Here are few tips to consider when taking steps to protect your business prior to or during a divorce.
  • Keep accurate financial records, and do not allow business finances to mix with family finances.
  • Speaking of records, make sure all relevant documents are stored safely and easily accessible.
  • If you are intent on keeping the business after the divorce it may require that you sacrifice other assets or property.
  • Obtain a fair and accurate appraisal of the business using the services of a neutral, court-appointed professional.
  • Placing the business in a trust prevents it from being counted among marital assets, and protects the value of a company’s growth.
  • Obtaining a strong, prenuptial agreement also has the power to protect your business in the event of a divorce.
  • Consider different buyout scenarios; even going as far as to establish a payment schedule.
  • If you know a divorce is on the horizon, consider easing your spouse out of any job within the business or severely reducing their responsibilities prior to filing.
One silver lining to all this is that it is unusual for a business to be sold in order to satisfy a divorce settlement.

An Experienced Aurora Divorce Attorney Can Help Save Your Business

As any experienced divorce attorney will tell you, no two cases are exactly alike. Add the complexities of a family business to the mix and the stress can increase exponentially. However, when you rely on the counsel of a knowledgeable Illinois divorce lawyer who understands the delicate nature of asset division, and the laws that guide such matters, the end result can be satisfying. The Law Office of Matthew M. Williams, P.C. uses a number of legal resources and specific knowledge gained from years of experience to help clients achieve a fair and equitable divorce. To schedule a consultation, contact our offices at 630-409-8184 and learn how this experience will benefit you.

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Illinois divorce attorney, Illinois family law attorney, Illinois divorce laws,When a married couple decides to divorce everything they have obtained, amassed and created together suddenly becomes a desired possession by one party or the other, but very frequently property and assets are sought by both adults. The matter of property division is one that tends to increase the level of stress and cause prolonged court battles.

Understanding the Process

Along with the help of a knowledgeable divorce attorney with experience in matters of property division, it may be helpful to have a basic understanding of the guidelines Illinois judges refer to when faced with these matters. Consider the following information as a reference.
  • It happened that a couple owned two season tickets for the home games of a local professional sports team, but neither enjoyed the thought of continuing to attend games with the other once divorced. The wife even went so far as to file an emergency petition to obtain custody of the tickets. Eventually, the judge awarded the tickets to the husband but ordered him to purchase equal value seats for the wife.
  • Furthermore, Illinois law states specific measures that can be taken to protect property until such time a final plan for its division is finalized. One, for example, may file for a temporary restraining order or preliminary injunction to prevent the transfer, encumbrance or concealment of any property. Exceptions are allowed, however, if those transactions are a part of the normal course of business or required to sustain one’s life.
  • You should know that filing for a restraining order or injunction does not give that party more of a right to final ownership to the property, as all assets and property are considered equally in the court’s final adjudication and decision of property division.
In any divorce, the ultimate goal of the court is to consider both sides and come up with a plan for property division that is fair and equitable.

Rely on a Knowledgeable Illinois Property Division Attorney to Represent You

Every divorce has unique aspects that may create uncertainty and anxiety. Division of marital assets and property is a complex matter, but if you work with an experienced DuPage County divorce and property division divorce lawyer it can help ease the transition. The Law Office of Matthew M. Williams, P.C. uses a variety of resources and years of experience to divide marital property in an equitable manner. Contact our offices at 630-409-8184 to set up a consultation. During this meeting, you can learn more about the divorce process and get answers to all your questions.

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Posted on in Division of Property

Illinois custody attorney, Illinois family law attorney, Illinois divorce lawyer,Most couples going through a divorce are looking for a fair division of the marital assets, alimony and child support amounts they can live with, and, ultimately, the legal dissolution of a marriage that just was not working. However, every so often we hear about some really odd demands made by one party or the other that cause us to shake our heads in disbelief. Strange Demands, Strange Results Granted, divorce laws around the world vary greatly. Some tend to favor one party more than the other. Perhaps the only thing more strange than the demands made by the parties in these divorce cases, is that the judge actually granted them in finalizing the divorce decree. A Cambodian couple ordered to split their assets took things quite literally and divided their house in half. The husband towed his half away, perhaps to enclose it before the rainy season. A judge in Spain ordered a couple to divide their apartment in half as it was deemed best for the well-being of their two young daughters. In Australia a man had to dig up the remains of his parents, who he buried on his family property, after a judge awarded the property to his wife. A Nobel laureate who was divorced in 1988 had to pay his wife half of 1995 winnings because their settlement included a clause for any future Nobel winnings up to and including 1995. If he had won in 1996 his wife would have received nothing. In India, a man who claimed his wife spent all his money on ice cream, was ordered to pay $1,300 per month in support, and an additional $2.50 each month so his wife could buy ice cream. Of course, these stories all seem to border on the extreme, but the lesson is that if you feel you are entitled to something as part of your divorce there is no harm in asking for it. Work with an Experienced Aurora Divorce Attorney When it comes to dividing marital property as part of the final divorce settlement there is bound to be some disagreement among the parties. This is when it will pay off to find and retain an Illinois divorce lawyer that will work on your behalf to see that you receive everything to which you are entitled. When you rely on the Law Office of Matthew M. Williams, P.C. for help in pursuing your divorce, you will benefit from years of experience and their dedication to client satisfaction. You can schedule a free consultation when you call their offices today. Sources: http:/mentalfloss.com/article/23385/10-bizarre-divorce-settlements https:/www.oddee.com/item_99656.aspx" divorce are looking for a fair division of the marital assets,alimony andchild support amounts they can live with, and, ultimately, the legal dissolution of a marriage that just was not working. However, every so often we hear about some really odd demands made by one party or the other that cause us to shake our heads in disbelief.

Strange Demands, Strange Results

Granted, divorce laws around the world vary greatly. Some tend to favor one party more than the other.

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Illinois family law attorney, Illinois divorce lawyer, goodwill of a businessAccording to the latest numbers provided by the U.S. Census Bureau, married couples share ownership 3.7 million businesses in this country. When couples who own a business together have a good working marriage, that positive relationship usually carries over into their business as well. But if the marriage begins to erode and the couple files for divorce, it can be disastrous for the business, especially when that business becomes part of the divorce settlement.

The assets of the business become part of the marital estate that will be part of the divorce settlement and are subject to property division, just like the couple’s marital home, personal bank accounts, stocks, etc., and can involve complex negotiations.

The first thing that needs to be done is to determine the actual value of the business. There can be a great difference of opinion on the value dependent on whether or not spouses share equal partnership in the business or not. If one spouse owns a larger share of the business, he or she will likely come up with a lower value of the business than the spouse who owns a lesser share. For this reason, it’s best to hire an independent appraiser to come up with the total value of the business.

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uncontested divorce, contested divorce, Illinois divorce lawyer, divorce settlementA contested divorce is a divorce case in which you and your spouse are unable to reach agreement terms. Your divorce will be contested if your spouse disagrees about property division, doesn’t want a divorce, or disagrees about child custody, child support, or alimony. If you and your spouse can’t reach an agreement on these major issues, you’ll need to go through the legal process for a contested divorce. If you and your spouse agree, however, you may be able to significantly reduce your costs and investment of time by opting for uncontested divorce.

In an uncontested divorce, you may be able to work with an Illinois divorce attorney who accepts a flat fee for handling your case. This gives you knowledge upfront about what to expect, whereas litigation fees and costs can spiral out of control quickly for a lengthy contested case. The flat fee for an uncontested divorce include paperwork drafting and a review. If you decide that an uncontested divorce is best for you, you will retain the majority of the decision-making power. The only role of judge in an uncontested case is to approve the paperwork detailing the terms of your agreement. Since you can frequently get these papers drafted and accepted quickly, you’ll be able to move on with your life sooner rather than later. There is no need to go through traditional litigation if you and your spouse are able to agree on the major issues in the divorce. Save time, money, and headaches by working with an Illinois divorce lawyer who specializes in uncontested divorce. There’s no need to drag out the time period for receiving your divorce decree. If you and your spouse have been able to reach an agreement on child custody, alimony, child support, and property division, you can benefit from hiring an Illinois uncontested divorce attorney today.
The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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